28.1.2019

Official Journal of the European Union

C 35/15

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(Case C-738/18 PP)

(2019/C 35/19)

Language of the case: French

Parties

Appellant: Duferco Long Products SA (represented by: J.-F. Bellis, R. Luff, M. Favart, Q. Declève, avocats)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court of Justice of the European Union should:

1.Set aside the judgment under appeal (T-93/17, EU:T:2018:558);

2.Annul Article 1(f), and Article 2 of the Commission Decision of 20 January 2016 on State aid SA.33926 2013/C (ex 2013/NN, 2011/CP) implemented by Belgium in favour of Duferco;

3.Order the defendant to pay the costs of these proceedings and the costs of the proceedings before the General Court.

Pleas in law and main arguments

By its appeal, the appellant submits that the General Court erred in law by refusing to examine two errors of calculation made by the Commission in the context of the assessment of the pari passu nature of the sixth measure referred to in the Commission Decision of 20 January 2016 on State aid SA.33926 2013/C (ex 2013/NN, 2011/CP) and in the application of the private investor in a market economy test.

In particular, the applicant submits that:

—The General Court did not carry out an adequate judicial review of the manner in which the Commission applied the private investor in a market economy test

—The General Court should have examined, as a matter of priority, the plea alleging errors made by the Commission in assessing the pari passu nature of that sixth measure rather than favouring analysis of the documents provided by Belgium.

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